do-me/EUR-LEX huggingface dataset:
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Germany (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal — State aid C 28/08 (ex N 345/06) — SME-bonus in favour of Magdeburger Artolith GmbH (M.A.L.)  (Text with EEA relevance)
Date: 2010-06-04
Institutions: European Commission
Subjects: Germany, State aid, composite materials, control of State aid, regional aid, stone








C_2010146EN.01002501.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/25





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Germany
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal
State aid C 28/08 (ex N 345/06) — SME-bonus in favour of Magdeburger Artolith GmbH (M.A.L.)
(Text with EEA relevance)
2010/C 146/06
The Commission has decided to close the formal investigation procedure (1) under Article 108(2) of the TFEU, initiated on 17 June 2008 in respect of the measure referred to above, recording that Germany has withdrawn the notified measure on 25 February 2010 and will not pursue this aid project further.


(1)  OJ C 268, 23.10.2008, p. 23.
Commission Regulation (EU) No 491/2010 of 4 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-06-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit








L_2010139EN.01000101.xml










5.6.2010   


EN


Official Journal of the European Union


L 139/1








            COMMISSION REGULATION (EU) No 491/2010
of 4 June 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 5 June 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 June 2010.


For the Commission, On behalf of the President,

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


44,4 




MK 


68,6 




TN 


92,7 




TR 


74,2 




ZZ 


70,0 




0707 00 05 


AL 


41,0 




MA 


37,3 




MK 


41,0 




TR 


118,0 




ZZ 


59,3 




0709 90 70 


TR 


112,1 




ZZ 


112,1 




0805 50 10 


AR 


87,3 




BR 


112,1 




TR 


92,3 




ZA 


99,3 




ZZ 


97,8 




0808 10 80 


AR 


98,5 




BR 


82,3 




CA 


80,1 




CL 


88,8 




CN 


69,2 




IL 


49,0 




NZ 


119,4 




US 


126,5 




UY 


81,7 




ZA 


86,7 




ZZ 


88,2 




0809 10 00 


TN 


373,7 




TR 


185,7 




ZZ 


279,7 




0809 20 95 


TR 


489,2 




US 


568,3 




ZZ 


528,8 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Prior notification of a concentration (Case COMP/M.5854 — Total Group/HIPS & GPPS business of Polimeri)  Text with EEA relevance
Date: 2010-06-04
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, merger control, plastics industry, polymer








C_2010146EN.01002801.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/28





Prior notification of a concentration
(Case COMP/M.5854 — Total Group/HIPS & GPPS business of Polimeri)
(Text with EEA relevance)
2010/C 146/09






1.


On 26 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Total Petrochemicals Feluy S.A. (‘TPF’, Belgium) belonging to the Total Group (‘Total’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the undertaking Polimeri Europa Benelux S.A. (‘Polimeri’, Belgium) consisting of Polimeri's polystyrene production lines (and related HIPS and GPPS business) at Feluy, Belgium (‘the Target’), by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for TPF: manufacture of commodity polymers (polyethylene, polypropylene, polystyrene),










—


for the Target: manufacture of polystyrene.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5854 — Total Group/HIPS & GPPS business of Polimeri, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Prior notification of a concentration (Case COMP/M.5871 — KKR/Triton/Ambea) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-06-04
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial services, health care, merger control, provision of services








C_2010146EN.01002901.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/29





Prior notification of a concentration
(Case COMP/M.5871 — KKR/Triton/Ambea)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 146/10






1.


On 26 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR & Co. L.P. (‘KKR’, USA) and Triton Managers III Limited and TFF III Limited (collectively, ‘Triton Fund III’, Jersey), belonging to the Triton investment funds group (‘Triton’, Jersey), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Ambea AB (‘Ambea’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for KKR: asset management services to public and private market investors,










—


for Triton: private equity investment fund,










—


for Ambea: provision of healthcare services and care services in Sweden, Finland and Norway.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5871 — KKR/Triton/Ambea, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Commission staff working document - Accounting Standards Board of Japan (ASBJ) Project Plan on Convergence to IFRS Accompanying document to the Report to the european securities committee and to the European Parliament on convergence between International Financial Reporting Standards (IFRS) and third country national Generally Accepted Accounting Principles (GAAPs) COM(2010)292 final
Date: 2010-06-04
Institutions: European Commission
Subjects: accounting, capital market, domestic market, international standard, standardised accounting system, third country

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 4.6.2010 
SEC(2009) 681 final 

COMMISSION STAFF WORKING DOCUMENT 

Accounting Standards Board of Japan (ASBJ) Project Plan on Convergence to IFRS  

Accompanying document to the 

REPORT TO THE EUROPEAN SECURITIES COMMITTEE AND TO THE 
EUROPEAN PARLIAMENT 

on convergence between International Financial Reporting Standards (IFRS) and third 
country national Generally Accepted Accounting Principles (GAAPs) 

COM(2010)292 final 

EN 

   EN 

 
 
 
  
 
 
 
 
 
 
 
 
Annex 2 

EN 

2 

   EN
Prior notification of a concentration (Case COMP/M.5814 — CVC/Univar Europe/Eurochem)  Text with EEA relevance
Date: 2010-06-04
Institutions: European Commission
Subjects: chemical product, distributive trades, economic concentration, exchange of information, financial services, merger control








C_2010146EN.01002701.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/27





Prior notification of a concentration
(Case COMP/M.5814 — CVC/Univar Europe/Eurochem)
(Text with EEA relevance)
2010/C 146/08






1.


On 28 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Univar Europe Holdings B.V. (‘Univar’, the Netherlands) ultimately controlled by funds advised and managed by CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Eurochem Holding B.V. (‘Eurochem’, the Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CVC: providing investment advice to and/or managing investments on behalf of investment funds,










—


for Univar: distribution of chemical products,










—


for Eurochem: distribution of chemical products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5814 — CVC/Univar Europe/Eurochem, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-281/10 P: Appeal brought on 4 June 2010 by PepsiCo, Inc. against the judgment of the General Court (Fifth Chamber) delivered on 18 March 2010 in Case T-9/07: Grupo Promer Mon Graphic SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), PepsiCo, Inc.
Date: 2010-06-04
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, designs and models, gaming, sales promotion, trade-mark law








C_2010234EN.01002302.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/23





Appeal brought on 4 June 2010 by PepsiCo, Inc. against the judgment of the General Court (Fifth Chamber) delivered on 18 March 2010 in Case T-9/07: Grupo Promer Mon Graphic SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), PepsiCo, Inc.
(Case C-281/10 P)
()
2010/C 234/38
Language of the case: English

Parties


Appellants: PepsiCo, Inc. (represented by: E. Armijo Chávarri, A. Castán Pérez-Gómez, abogados, V. von Bomhard, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Grupo Promer Mon Graphic SA

Form of order sought

The appellant claims that the Court should:






—


Set aside the judgment of the General Court of 18 March 2010 in Case T-9/07,










—


Give final judgment on the dispute by rejection the order sought at first instance or, in the alternative, remit the case to the General Court and










—


Order that the costs of the proceedings be borne by the applicant at first instance.





Pleas in law and main arguments

The appellant submits that the contested judgment should be annulled on the grounds that the General Court violated article 25(1) (d) of Council Regulation (EC) No. 6/2002 (1) by:






a)


failing to take into account the constraints on the designer in developing the contested design;










b)


wrongly interpreting the notion of the ‘informed user’ and his attention level;










c)


applying erroneous criteria in its assessment of ‘different overall impression’;










d)


carrying out a comparison between the designs based on actual products in the file rather than on the designs as registered;










e)


basing the comparison on distorted facts.






(1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
OJ L 3, p. 1
Euro exchange rates
Date: 2010-06-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2010146EN.01002401.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/24





Euro exchange rates (1)

3 June 2010
2010/C 146/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2268




JPY


Japanese yen


113,74




DKK


Danish krone


7,4413




GBP


Pound sterling


0,83570




SEK


Swedish krona


9,5210




CHF


Swiss franc


1,4149




ISK


Iceland króna


 




NOK


Norwegian krone


7,8660




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,750




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


275,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7085




PLN


Polish zloty


4,0705




RON


Romanian leu


4,1900




TRY


Turkish lira


1,9317




AUD


Australian dollar


1,4469




CAD


Canadian dollar


1,2734




HKD


Hong Kong dollar


9,5586




NZD


New Zealand dollar


1,7896




SGD


Singapore dollar


1,7223




KRW


South Korean won


1 469,46




ZAR


South African rand


9,3434




CNY


Chinese yuan renminbi


8,3768




HRK


Croatian kuna


7,2620




IDR


Indonesian rupiah


11 276,70




MYR


Malaysian ringgit


4,0061




PHP


Philippine peso


56,846




RUB


Russian rouble


37,9828




THB


Thai baht


39,969




BRL


Brazilian real


2,2262




MXN


Mexican peso


15,6245




INR


Indian rupee


57,2550






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5864 — Avnet/Bell Micro)  Text with EEA relevance
Date: 2010-06-04
Institutions: European Commission
Subjects: economic concentration, electronics industry, exchange of information, information technology industry, merger control








C_2010146EN.01002601.xml










4.6.2010   


EN


Official Journal of the European Union


C 146/26





Prior notification of a concentration
(Case COMP/M.5864 — Avnet/Bell Micro)
(Text with EEA relevance)
2010/C 146/07






1.


On 28 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Avnet Inc. (‘Avnet’, United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Bell Micro Products Inc. (‘Bell Micro’, United States of America) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Avnet: distribution of electronic components, computer products and technology services,










—


for Bell Micro: distribution of data storage products and systems, computer products, peripherals and software, and added-value services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5864 — Avnet/Bell Micro, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-280/10: Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland), lodged on 4 June 2010 — Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz (a partnership) v Dyrektor Izby Skarbowej w Poznaniu
Date: 2010-06-04
Institutions: Court of Justice
Subjects: Poland, VAT, approximation of laws, interpretation of the law, investment, registration of a company








C_2010234EN.01002301.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/23





Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland), lodged on 4 June 2010 — Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz (a partnership) v Dyrektor Izby Skarbowej w Poznaniu
(Case C-280/10)
()
2010/C 234/37
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Appellant: Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz (a partnership)

Respondent: Dyrektor Izby Skarbowej w Poznaniu

Questions referred







1.


Is an entity, in the persons of future partners, which effects investment expenditure before formal registration of the partnership as an entity governed by commercial law or registration for purposes of value added tax, entitled, following registration of the partnership as an entity governed by commercial law and registration for purposes of value added tax, to exercise, pursuant to Article 9 and Articles 168 and 169 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, (1) the right to deduct input tax incurred in connection with investment expenditure which is used for taxable activities carried out within the framework of the partnership?










2.


Does an invoice documenting incurred investment expenditure which was issued to the partners, and not to the partnership, preclude exercise of the right to deduct input tax incurred in connection with investment expenditure as referred to in Question 1?






(1)  OJ 2006 L 347, p. 1.
Case F-43/10: Action brought on 4 June 2010 — Cerafogli v ECB
Date: 2010-06-04
Institutions: Civil Service Tribunal
Subjects: European Economic and Social Committee, European official, action by staff, equal treatment, indemnification, psychological harassment








C_2010209EN.01005601.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/56





Action brought on 4 June 2010 — Cerafogli v ECB
(Case F-43/10)
()
2010/C 209/90
Language of the case: English

Parties


Applicant: Maria-Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank

The subject matter and description of the proceedings

The annulment of the decision of the ECB rejecting the claims of the appellant concerning the discrimination and attempts to her dignity due to the behaviour of her management and a claim for damages.

Form of order sought







—


The annulment of the decision of the European Central Bank dated 24 November 2009 rejecting the claims of the Appellant of discrimination and attempts to her dignity because of the behaviour of her management and, if necessary, the annulment of the decision dated 24 March 2010 rejecting the special appeal;










—


by consequence, to give the Appellant the benefit of her requests as stated in her administrative review and more particular:






—


to stop any form of discrimination and mobbing against Mrs Cerafogli be it in verbal acts and in working assignments and arrangements.










—


to receive the written withdrawal by Mr G. of his offensive and threatening statements;














—


in any case, the compensation of the moral and material prejudice suffered;










—


the order that the ECB pays all the costs;










—


the order that the ECB provides the full internal administrative inquiry report with all its annexes, including the minutes of the hearings. Furthermore, the order that the ECB provides also all communication between the inquiry panel and the Executive Board and/or the ECB President;










—


the summoning of Mrs L. previous Social Counselor of the Defendant, as a witness.